A hearing is being held today in the Supreme Court on whether Delhi Chief Minister Arvind Kejriwal will get interim bail in the money laundering case related to liquor scam. The bench of Justice Sanjeev Khanna and Justice Dipankar Dutta is hearing the petition. ASG SV Raju presented arguments on behalf of ED. ED reported cash transactions worth Rs 100 crore. Advocate ASG Raju, appearing for the ED, said that M.sh Sisodia’s petition was also rejected by the Supreme Court on the same grounds and facts.
Justice Sanjeev Khanna said that Lok Sabha elections are going on. This is an unusual situation. Elections are coming and he is the elected Chief Minister of Delhi. He is not a habitual offender and this is an unusual case. He is not involved in any other matter.
SG Tushar Mehta said that please hear the case completely. What an example we are setting. He is the Chief Minister and wants to campaign. The Supreme Court said that there is no harm from the campaign. The SG said that if a farmer has to take care of his fields and a grocer has to go to his shop, then how can a Chief Minister be considered different from a common man. Are we making an exception for a section of politicians as a class and requiring them to campaign. Will publicity be more important than running a grocery store?
The Supreme Court said that if you take time then we cannot decide on the bail petition. We will not be able to take any decision till the end of this month. Selection once in 4 years and harvesting every 4 months. We don’t appreciate your argument at all. The Supreme Court said that political people cannot be treated differently and we agree. The ASG said that in his view the arrest was justified.
Justice Sanjeev Khanna said that you see we are in the Supreme Court. We can say that the arrest was justified and still grant interim bail and then reform ourselves. we can
Rs 100 crore to Rs 1100 crore in 2 years?
ASG Raju said that this is a note that destroys digital evidence. Cash transactions worth Rs 100 crore were done through Hawala and spent in other states. On this, Justice Khanna said that this complaint of the prosecution is of ED and not of CBI. ASG Raju said that the complaint in the case, which came after the bail of M.sh Sisodia, was cancelled. Rs 1100 crore seized. Justice Khanna said that it became Rs 1100 crore in 2 years? You said the proceeds of crime were Rs 100 crore. How can it be 100?
Raju said that it is based on the benefits of the policy. Justice Khanna said that all profits are not proceeds of crime. Raju said that at this stage it is the job of the IO to decide which statement is correct and which is not. When we started the investigation, our investigation was not directly against him. His role came to light during the investigation, so initially not a single question was asked to him because the investigation was not focused on him. Actually there is no contradiction in the statements. These cannot be considered in favor of the petitioner.
When was the first person arrested?
Justice Khanna asked what is the date of arrest of the first person by the government in this case? In response, the ASG said that on March 9, 2020, Raju informed the court about the investigation through the statement of Sharath Reddy. Raju said that this has nothing to do with Kejriwal. He says it was suppressed. Justice Khanna said that his argument is that why did you not go to that question? These are all superficial questions.
In response to this, Raju said that I had no reason to accuse anyone at that time. I was trying to find out who was involved. Cannot ask direct questions (about bribery). Justice Khanna said that if you do not raise questions then it is your issue. Justice Khanna asked that you have presented the case file before the magistrate. In reply, Raju said that it has been submitted. The facts of investigation were also kept.
Justice Khanna asked the ED lawyer whether you keep a case diary? We want to see the file noting. After seeing the file, Justice Khanna said that we have no doubt. We are only looking here to see whether the procedure under Section 19 of PMLA was followed or not. Raju said that our focus was on evidence and now we have evidence.
Justice Khanna said that this is fine. What you are saying shows that the political executive was not involved in policy making at all. If you are saying that it was included and you are in doubt then for us the matter is limited to Section 19. On this, Raju said that we have come to know that during the Goa elections, Kejriwal had stayed in a 7 star hotel in Goa. Part of his expenses were paid by the person accepting cash. This is not a politically motivated matter. Justice Khanna said that please pay attention to Section 19 PMLA.
Kejriwal is guilty, it took 2 years to understand? of the Supreme Court
Justice Khanna raised questions on the ED investigation and said that if you are saying that Kejriwal, as the head of the government, is guilty and is involved in this scam, then it took you two years to reach this conclusion? This is not a good sign for any investigating agency.
SC asked- When did Kejriwal’s name appear in this case?
The Supreme Court asked when did Arvind Kejriwal’s name appear for the first time in this case? ED told the court that Buchi Babu’s statement was taken on 23 February 2023. C.ASG said that Buchi Babu’s statement was taken on 23 February last year. Justice Khanna said that in this matter you will have to be on the front foot. You have taken action under section 19. You are saying that there is no irrelevance on the material relied upon by the petitioners.
